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Duke   University  Libraries 

Communication  f 
Conf  Pam  #418 


MKSSAGK  OF    THK    I'liE^inKXr. 

RicuMOM*,   Va.,  Jan.   18,    lS64. 

To  the  House  of  Representatives : 

In  response  to  your  resolution  of  the  3:lrh  ultimo.  I  lierewitlh. 
transmit  for  your  information  a  coinmuniciition  from  the  Secretary  of 
War,  covering  copies  of  rCL'ulatious  and  orders  relative  to  the  pay- 
ment of  aoftesBraents  of  darajtge:^  made  by  commanding  officor:-  in  the 
field,  "without  intervention  of  conrti*  martial  or  boards  of  Hurvov." 

JEFFERSON  DAVIS. 


O'hMMU.NLUAriON   FllOM  THE   SEORETAllY  OK  WAR, 


CoNFEDERATK    StaTES    OF    AmKRICA,  J 

War  Department,  \ 

Richmond,  Va.,  Jan.  lo,  18C4.  ) 

To' the  Presidint  of  the  Confcddrati  States  : 

Sir  :  I  have  received  the  resolution  of  the  House  of  Representa- 
tives, adopted  on  the  3Uth  ultimo,  requesting  to  be  informed  "whether 
orders  have  been  made  by  commmanding  officers  in  the  field  requir- 
ing officers  of  regiments  and  companies  to  p:iy  asse.ssmcnts  of  d.tmagea 
made  by  such  commanding  oificors,  without  intcivcmtion  of  courts 
martial  or  boards  of  survey,  and  whether  such  orders  are  authorized 
by  any  8ta':ute  of  the  Confederate  Spates,  and  if  not,  upon  what 
authority  such  power  is  claimed  or  exercised." 

In  response,  I  have  the  honor  to  transmit  herewith  a  report  from 
the  Adjutant  General,  enclo.sing  such  regulations  and  orders  as  bear 
upon  riie  subject  referred  to  in  the  resolution  of  the  House. 

JAMES  A.  SEDDON, 

Sccrft'jry  of  War. 


COMMUNICATION  FROM    AIM  I     V\I»  IN\nI'R  GKNKKAL. 

Ricfmwnd,  Jan.  18,    1 863.       \ 
Hod.  J.  A.  Scudon,  Secrtlary  of  Jyar : 

Sir  :  In  reply  to  the  re-nolution  of  the  House  of  Representatives, 
inquiring  "whether  onlers  have  been  nifule  hy  commanding  officers  in 
the  tifclii.  rt*<iuiriiig  rfficers  of  i-e^jimenrg  ami  cninpani'S  to  pay  asseas- 
mnit.s  of  datna;;(»8  without  the  intervention  cf  comiainaitiul  or  boards 
of  !-urvcy  ;  :\in\  wluMher  sueh  orders  are  smthorized  hy  any  statute  of 
the  Confederate  States  ;  and  if  not,  upon  what  authority  tsuch  power 
ie  claimed  or  txerci-id,*'  I  have  respectfully  to  state,  that  the  thirty- 
second  article  of  war  requires  cotnuvindin^  officers,  to  tlie  utmost  of 
their  power,  to  rrdret*s  abu>0P  nml  disorders  rommitteil  by  any  officer 
or  soldier  under  th'dr  comriiaf;d,  and  on  th«  ir  failure  to  do  so  as  far 
M»  the  cifftiidcr's  pay  gihall  enable  them,  directs  that  they  shall  be 
esrhicieil. 

The  re^^ulatiois  of  the  army,  paragraph  083,  require,  when  lands. 
kc„  are  oecupiotl  as  ericampnients  and  vacated,  a  report  of  their  non- 
ditinn,  and  any  injury  tliey  may  have  receiveil  by  the  use  of  tiic  Con- 
fetlcrate  States,  hhall  be  made  to  the  Quartermaster  Ueneral. 

I  enclose  herewith  a  copy  of  the  Articles  of  War,  and  of  general 
orders  104,  from  this  office;  as  bearing  on  this  subject. 

In  pursuance  of  the  foregoing  ie!]:ulations  and  onJers,  Gen.  R.  E. 
Lee  ihsued  his  general  order  No.  ?•',  of  June  4,  I.SG3,  a  copy 
of  which   is  niso  enclo.scd. 

It  is  pri>bable  that  other  commanders  have  issued  instructionn 
resembling  those  of  Gen.  Ijce,  as  they  are  frequently  necessary  to 
prevent  carclcs^rues  and  the  wanicn  dc  otruction  of  property. 

I  ro*pectfiilly  return  the  letter  of  the  President  referred  to  me. 
\'erv  r<.vpcctfullv,  yous  obedient  'servant, 

S.  COOPKR, 
Adjutant  find  Inspector  Gcneml. 


Headquartkus   Army  Northern  Va. 
June  4,   1863. 


GENERAL  ORDERS, 

No.  70. 


EXTRACT. 


1,  Ptira;^niph  V,  of  general  orders  No.  39,  Adjutant  and  Inspector 
General's  flice,  late  series,  regulating  the  subject  of  damages,  will 
hereafter  determine  the  settlement  of  all  such  questions,  and  will  be 
strictly  observed.     It  is  republished  for  the  information  of  the  army  : 

"  Frequent  complaints  having  been  made  of  injury  to  fencing,  and 
to  tlie  grounds  on  or  near  to  which  troops  have  encamped,  attention 
is  called  to  the  983d  paragraph  of  the  Army  Regulations,  which 
requires  the  commanding  officer  and  quartermaster  to  make  inspec- 
tion of  buildings,  quart;  rs,  or  lands  occcupied  for  encampments,  when 
they  are  vacated,  and  a  report  to  be  made  to  the  Quartermaster 
General  of  their  coudirion.  and  of  any  injury  to  them  by  use  of  the 
troops.  , 

"  This  regulation  will  be  strictly  enforced,  and  in  case  of  injury 
not  reported  by  the  commanding  officer  and  quartermaster,  they  will 
be  charged  on  their  pay  accc  unts  of  the  troops  with  the  damage  done. 
If  report  be  made,  it  must  specify  by  whom  the  injury  was  inflicted, 
and  the  deduction  in  puch  case  will  be  made  from  the  pay  of  the 
offending  party.  ■' 


A-pj't  .and  Insp'r  General's  Office,  > 
Richmond,  Dee.   15,   1862.  I 

GENERAL  ORDERS,  ^ 
No.  1U4.  5 

I.  Encampments  of  troops  near  towns  and  villages  must  be  avoided 
where  it  is  not  indispensable.  Whenever  it  is  so,  a  sufficient  force 
for  guards  and  outposts  must  be  selected  from  the  best  disciplined 
troops,  and  assigned  as  a  garrison,  (fee.  ;  and  officers  and  men  will  not 
be  permitted  to  enter  the  town  or  village,  except  on  written  permis- 
sion of  the  commanding  officer. 

II.  Arms  must  not  be  carried  from  the  camp,  nor  will  mounted 
men  in  camps  be  permitted  to  ride  their  horses,  except  upon  duty. 

III.  Private  property  is  invariably  to  be  respected,  and  must  not 
be  taken  or  used,  except  when  indispensable  for  the  public  service, 
and  then  only  by  orders  of  competent  authority,  and  in  the  manner 
pointed  out  in  the  Array  Regulations  an'l  orders  of  the  Quarter- 
master and   Commissary  Departments. 

IV.  The  reckless  destruction  of  fencing,  wood  and  other  property 
of  the  cirizen^   wbiri;  has  occurred  in  so  many  instmees,  cannot  bo 


too  Btrongly  condemned.  Commander*  of  truopb  of  whatever  grade 
should,  bj  the  ex?rcise  of  dilig»^nre  and  strict  discipline,  endeavor  to 
prevent  such  recults,  entailing,  aj;  they  will,  povi-rty  upon  individuals, 
and  uselesp  expense  upon  the  Government.  Fencing  ought  not  to  be 
disturbed  where  it  can  possibly  bo  a\oiHcd  ;  and  when  wood  is  necc^'sary 
for  the  public  use.  that  which  ie  least  valuable  must  be  selected,  with 
SB  little  waste  as  practicable. 

V.   A  careful  observance  of  these  orders  is  enjoined  on  the  army, 
ji?  of  tile  first  importance  to  the  j  ublic   intcreets.     AH  violations  of 
them  are  directed  to  be  reported  to  the  pro|.<r'v  aiitlu.ritv    d.r  such 
punishment  as  may  be  rccjumite. 
By  order. 

8.  COOPER, 
Adjutant  and  Insp-ctor   (Jeneial. 


Tliirty-Srccmd  ArticU  of  War. 

Articie  32.  Kvi-ry  (fficer  coinniaiidinL'  in  quartern.  parriHonw,  or 
on  the  inarch,  shall  keep  good  order,  ami,  to  the  utmo.tt  of  his  power, 
redress  all  abuses  or  disorders  which  may  be  conunitted  by  any 
officer  or  soldier  under  his  coinnmnd;  if,  upon  complaint  m'idc  to 
him  (f  officers  or  soldiers  beating  or  oiherwi.>*e  ill-trcaiing  any  pcioou, 
or  disturbing  fairs  or  irarkets,  or  of  committing  any  kind  of  riots, 
to  the  diKjuicting  of  the  citizens  of  the  Confederate  States,  he,  the 
paid  rommander,  who  shall  iefu.><e  or  omi*:  to  see  jui^tico  done  to 
the  offender  or  offianlers,  and  reparation  made  to  the  party  or  pirtics 
injured,  as  far  as  part  of  the  offender's  pay  shall  enable  him  or  iheui, 
shall,  upon  j^roof  thcrt'of.  bo  cashiered,  or  otherwise  punished,  as  a 
general  court  uiartial  shall  direct. 


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